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TOPIC: Department for Work and Pensions Maladministration

Department for Work and Pensions Maladministration
8 years 1 month ago #14446

Kobiron

-- avatar jph -->

Brief History
I have claimed ESA for 28 weeks and only had my WCA in December without completing a WFHRA.
I am at 28 weeks receiving the basic rate and obviously still on the (assessment phase).
I have also attended 3 WFI's of which JCP would not defer even though I had not had the WCA at that time.The response was " the delay in the WCA process is not our problem".
I was steaming with angar, I decided that enough is enough and contacted my MP giving my story this week.
The response was immediate, no messing around, I was called within 30 minutes of my email.
The MP asked for my NINO, I was advised that my complaint will be sent via her office to the JCP district office and a copy sent to the Minister in Parliament immediately.
I will be in a position after a final response to my complaint to ask my MP to forward my case to the Office of the Parliamentary and Health Service Ombudsman ( by law an MP can only make this application ).

Please refer to the news items on this site:
03 Dec 2009 Are claimants at risk from ESA assessment rip-off?
27 Nov 2009 How some claimants get thousands of £££ in DWP compensation

Urgent Advice Referrals for Decision Makers ( Decision Makers Exchange Issue 99 June 2009 ) on this site.
Sometimes you may have a particularly urgent case on which you need advice. Examples of when urgent advice can be given are when the customer is threatening MP action or a complaint has been received. The fact that the case is highlighted on a WAR is not a reason for requesting our help urgently. ( It appears that MP intervention does indeed get answers and get claims in motion).

I advise all follow members of this site with complaints to follow my route.

The following information addresses the Department for Work and Pensions of which includes the Jobcentre Plus, Specialist Guides and Publications. ( please refer to the DWP website for Publications/Specialist Guides amd Publications/Other Specialist Publications/).

Financial Redress for Injustice Resulting from Maladministration

What is maladministration?
Unfortunately, we don’t always get things right first time. The term “maladministration” is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or commitments given. For example: wrong advice, discourtesy, mistakes and delays.

The action we take to put matters right is sometimes referred to as redress. Redress can include any
combination of:
• a sincere and meaningful apology;
• an explanation of what happened and/or went wrong;
• putting things right (for example a change of procedure/revising published material);
• a special payment (financial redress).

Financial Redress Money paid as part of redress. This may include sums to recompense for extra costs incurred and/or sums to recognise the impact of poor service on the customer.

The Department and its agencies/businesses aim to provide its customers with a service which:
• is easy to access;
• treats them well;
• delivers on time; and
• provides them with the right results.

Special exercises
Sometimes extra-statutory payments are considered as part of a special exercise, for example, where:
• a systemic failure affects a number of similar cases;
• delays in administration occurred following the introduction of new legislation; or
• defective legislation does not reflect the intentions of Ministers, and this adversely affects customers.

Individuals should not be disadvantaged as a result of maladministration:
It is not necessary for an individual to request consideration of a special payment. The
appropriateness of making a payment should be routinely considered in any attempt to rectify
departmental maladministration, which may have resulted in a customer (or a third party) experiencing
injustice and/or hardship.

Other Information:

Cold Weather Payment
You may be eligible for a Cold Weather Payment for each week of very cold weather in your area if you get Pension Credit or income-related Employment and Support Allowance with a support or work related activity component in the main phase.

How much do you get?
This year you will get £25 when the average temperature where you live is recorded as, or forecast to be, zero degrees Celsius or below over seven consecutive days during the period from 1 November to 31 March. Specified Meteorological Office weather stations are used to obtain this information.

Effect on other benefits
Cold Weather Payments will not affect other benefits you may be getting.

How to applyYou don't need to apply; you'll get a Cold Weather Payment (CWP) automatically as long as you qualify.

Tell your pension centre or Jobcentre Plus if you think you should have received a Cold Weather Payment but you have not had one. ( bear in mind that if claimants are waiting for a decision albeit delayed, and the delay runs through the above period of payment then entitlement to CWP should be backpaid ).

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Re:Department for Work and Pensions Maladministration
8 years 1 month ago #14447

If the ESA assessment phase including the WCA and WFRHA, and the decision notification is not completed within the 13 week period as specified without good reason, this is just reason for complaint against both the DWP and Atos.

Failure to meet specified times which in the case of ESA are part of the statute law, is tantamount to maladministration, and therefore a claimant would have good cause for a formal complaint from week 14. To have waited 28 weeks and with the ESA assessment phase still to be completed is totally unacceptable. If the boot was on the other foot and a claimant failed to claim in time for any benefit, then they would face the consequences of their actions, or should I say inactions. So what is sauce for the goose is sauce for the gander in my opinion.

You have certainly done the right thing by contacting your MP as I think you have been more than patient and generous in allowing the ESA assessment phase to be completed during that length in time.

If all ESA claimants have not been assessed by week 14 which I believe is more than enough time and subsequently justifiably complained, that would serve to highlight how inefficient and unworkable this ill-conceived allowance has become, since its inception less than 15 months ago.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Department for Work and Pensions Maladministration
8 years 1 month ago #14451

pete17971

-- avatar jph -->

Crazydiamond wrote:

If the ESA assessment phase including the WCA and WFRHA, and the decision notification is not completed within the 13 week period as specified without good reason, this is just reason for complaint against both the DWP and Atos.

Failure to meet specified times which in the case of ESA are part of the statute law, is tantamount to maladministration, and therefore a claimant would have good cause for a formal complaint from week 14. To have waited 28 weeks and with the ESA assessment phase still to be completed is totally unacceptable. If the boot was on the other foot and a claimant failed to claim in time for any benefit, then they would face the consequences of their actions, or should I say inactions. So what is sauce for the goose is sauce for the gander in my opinion.

You have certainly done the right thing by contacting your MP as I think you have been more than patient and generous in allowing the ESA assessment phase to be completed during that length in time.

If all ESA claimants have not been assessed by week 14 which I believe is more than enough time and subsequently justifiably complained, that would serve to highlight how inefficient and unworkable this ill-conceived allowance has become, since its inception less than 15 months ago.

Hi CD,

I totally agree with your post 100%.

I think the OP has been more 'patient' with the DWP than I would be in the same situation.

Until such time as more people kick up a fuss about this sort of situation those who make the ill judged decisions will be none the wiser!!

Regards

Pete

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Re:Department for Work and Pensions Maladministration
8 years 1 month ago #14469

I can see why this would be annoying, but to be honest I don't think I would be rushing them. I'm now appealing and am quite happy for the estimated 5 month wait for a tribunal to be longer.

The reason for this is I genuinely think that, although my psychiatrist and psychologist tell me I am unfit to work, I will most likely be found fit to work by the DWP. They aren't testing whether there is any employer who would ever take me on or the impact that repeated rejection will have to my already fragile MH. They just want to keep me on whatever benefit is cheaper for them.

So I am happy to wait. I get ESA assessment rate and DLA mid rate care and lower rate mobility. I am saving most of my DLA, so that when I fail at the tribunal I will have enough money to live off DLA alone for a few months before having to apply for JSA.

I can understand wanting to speed up the process if you are absolutely certain you will be, for example, put in the support group. But I think the CAB/ cancer charity report and all the stuff on forums shows that no-one can be certain of this.

Ginge

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